Haw. Code R. § 17-798.3-51

Current through September, 2024

Section 17-798.3-51 - General requirements

(a) The department shall verify that the exempt provider meets exemptions from sections 346-161 or 346-171, HRS, in accordance with section 346-152, HRS.

(b) An exempt provider shall be authorized to care for children whose families receive child care payments under this chapter when all requirements in subchapter 3, 4, and 5 are met.

(c) An exempt provider shall:

(1) Be eighteen years old or older;

(2) Afford caretakers unlimited access to their children, including written records concerning the caretakers' children, during normal hours of provider operation and whenever children are in the care of the provider;

(3) Operate as an exempt provider in accordance with section 346-152, HRS;

(4) Complete background checks in accordance with section 17-798.3-89 and chapter 17-801;

(5) Have no known history of physical, psychological or psychiatric problems, or background, in accordance with chapter 17-801 that may adversely affect or interfere with the care of children;

(6) Be free of physical or psychological conditions which may impair or limit the provider's ability to provide child care;

(7) Satisfactorily complete and provide written evidence to the department to show completion of trainings as required by the department when caring for an eligible child under this chapter which includes but is not limited to:

(A) An initial training in health and safety standards that is approved by the department prior to caring for an eligible child;

(B) Safe sleep training that is approved by the department on an annual basis when the provider starts caring for an eligible child who is less than one year of age, until no eligible children in care are less than one year of age; and

(C) A minimum of eight hours of training within one year of completion of the initial training as described in subparagraph (A), and completed annually thereafter, as prescribed by the department in at least two of the following topic areas:

(i) Physical care of the young child;

(ii) Care of the sick child;

(iii) Child nutrition;

(iv) Child growth and development;

(v) Children with special needs;

(vi) Learning activities and play;

(vii) Family engagement;

(viii) Managing challenging behaviors;

(ix) Prevention of child maltreatment and abuse;

(x) First aid and child cardiopulmonary resuscitation;

(xi) Physical environment;

(xii) Health and safety;

(xiii)Child care business or program management; or

(xiv) Community resources; and

(xv) Training under section 17-798.3-51(c)(7)(B), when applicable; provided that an exempt provider who is the child's grandparent, great-grandparent, sibling living in a separate residence, aunt, or uncle is not subject to this paragraph;

(8) Submit to initial and annual monitoring inspections where care is being provided, including in-home care, to ensure compliance with the requirements of subchapters 4 and 5 as follows:

(A) The department shall assess the qualifications of exempt providers and inspect the premises.

(B) All exempt providers shall cooperate with the department by providing access to the premises, records, staff, and household members.

(C) Failure to comply with reasonable requests may constitute grounds for the department to determine that the provider is not authorized to care for a child whose family unit receives child care payments; provided that an exempt provider who is the child's grandparent, great-grandparent, sibling living in a separate residence, aunt, or uncle is not subject to this paragraph;

(9) Comply with section 17-798.3-66;

(10) Agree to report to the department, within one working day of occurrence, the death of a child or staff, and any illness or injury received at the provider that results in a child's hospitalization or emergency treatment;

(11) Report to the department within ten calendar days of occurrence, any of the following:

(A) Change in contact telephone number;

(B) Change in the address where the child care is being conducted; or

(C) Change in the staff or household members where care is being conducted;

(12) Agree to notify all parents of children in care when there are deficiencies in meeting requirements under subchapters 3, 4, or 5;

(13) Report any suspected child abuse or neglect in accordance with section 350-1.1, HRS;

(14) Have a written policy of expulsion of children which includes the following:

(A) The conditions under which a child may be expelled, if applicable;

(B) Sufficient timeframe before expulsion occurs to enable parents to make alternative child care arrangements or to take the necessary action to allow the child to remain enrolled, except as specified in subparagraph (C);

(C) Conditions that may warrant immediate expulsion such as imminent danger to the health, welfare, or safety of the children or staff;

(15) Give parents and guardians a copy of the expulsion policy;

(16) Provide written notification to parents or guardians, any concerns that could lead to the child's expulsion; and

(17) When expulsion occurs, maintain a record of the conditions, parental notification, and action taken when applicable.

(d) The eligible family using an exempt provider providing home-based child care, including in-home care, may be authorized to receive child care payments presumptively once the provider is in compliance with paragraphs (c)(1) to (c)(7)(A). Child care payments to the eligible family unit may be made retroactively in accordance with section 17-798.3-6(g).

(e) If the department receives information that the exempt provider, including relatives excluded from paragraph 17-798.3-51(c) (8), is in violation of subchapters 3, 4 or 5, or that the provider is conducting child care in violation of section 346-152, HRS, the department will conduct an investigation, including an inspection of the child care facility.

(1) All exempt providers shall cooperate with the department by providing access to the premises, records, staff, and household members, including relatives excluded from paragraph 17-798.3-51(c)(8).

(2) Child care payments shall cease in accordance with sections 17-798.3-9(d)(4)(A) and 17-798.3-19(a)(7) until the department has completed its investigation and determined that the exempt provider is in compliance with section 346-152, HRS, or subchapters 3, 4 or 5.

Haw. Code R. § 17-798.3-51

[Eff 8/6/2021] (Auth: HRS §§ 346-14 and 346-152 5) (Imp: HRS § 346-14; 45 C.F.R Part 98)